Wednesday, December 06, 2006

Subic Rape Case Verdict: one of four rapists is guilty

Abrogate the Visiting Forces Agreement (VFA) between US and Philippines to Serve Justice for Nicole

By AJLPP-USA

The gang rape of Nicole by four US marines in the Philippines is not only an issue of a woman but a whole nation raped for the last century, made possible through onerous and lopsided military agreements, much like the Visiting Forces Agreement (VFA).

Alliance for a Just and Lasting Peace in the Philippines (AJLPP)-USA

Abrogate the Visiting Forces Agreement (VFA) between US and Philippines to Serve Justice for Nicole

The gang rape of Nicole by four US marines in the Philippines is not only an issue of a woman but a whole nation raped for the last century, made possible through onerous and lopsided military agreements, much like the Visiting Forces Agreement (VFA).While on one hand, people should celebrate the verdict of “guilty” for Lance Corporal Daniel Smith, the acquittal of three other rapists, namely: Staff Sergeant Chad Carpenter and Lance Corporals Keith Silkwood and Dominic Duplantis must be condemned and opposed.As the maxim says: “An act of one is an act of all.” Why would the Philippine Court exonerate the other three accomplices when they were cheering while the Smith was committing his bestial act on the helpless Nicole on the same vehicle? For a long time, rape was considered a heinous crime and was punishable by death until capital punishment was lifted in the Philippines in recognition of the harrowing trauma that a rape causes. Where is the “spirit of the law?”Why celebrate the "quarter-victory" when the Philippine government acts as the lawyer for the Americans, cannot even demand custody and accepts the VFA as puppet's delight when Filipinos are being oppressed and trampled by US occupation troops aka "visiting forces" who raped our women and make a mockery of our laws?Some media presents the decision as half-victory and that people are half-satisfied. The fact that only one out of four was convicted does not make it half. The half-ness may even get worse as the US Embassy was again pushing to take custody of Smith in much the same manner when the US government took custody of the four rapists during trial. There were 2,000 criminal cases committed since the US Bases were established in the Philippines for the last century. Except for Smith, none was ever convicted.Looking at the big picture, any crime committed by US servicemen will never see justice so long as the Philippine government remains a puppet and tied to the military agreement that violates the Philippine Constitution, which explicitly states: “…that no foreign troops will be allowed in any part of the country for combat purposes.”The case of Nicole is a showcase of the Philippine government failure to assert national sovereignty, and that Philippine courts are symptomatic of this general failure.It took a woman to again highlight the issue of rape and the lopsided relationship of the Philippines and the US. It will take the courage of the Filipino people and justice-loving citizens of the world to call for the scrapping of the VFA.Abrogate the VFA, Now!Uphold Philippine sovereignty!Justice for Nicole!Contact: Violy De Guzmanalliance_seattle@yahoo.com

It is with deep pride and humility that the Task Force Subic Rape and the “Justice for Nicole Justice for the Nation” campaign join Nicole, her family and relatives, supporters and the entire nation in welcoming the decision of Judge Benjamin Pozon of the Makati Trial Court.

We believe that the Subic rape case is a landmark case for being the first that has come to trial in our country against U.S. servicemen, and for its importance in challenging the implementation of the Anti-rape Law in the furtherance of women’s rights. The case of Nicole has brought to light not only the issue of violence against women but also just as important the nature of the Visiting Forces Agreement or VFA.

The victory of Nicole is a victory for all Filipino women. It is as well a victory for the nation. From hereon, the VFA cannot be used to defend abusive conduct and behavior of any military person, man or woman, who transgress the laws of the land. Yet, in the same breath, for as long as the VFA is intact with its one-sided privileges given to the US military personnel, every woman who is abused by US military, would have to fight as hard as Nicole.

There will be other times and many more occasions to continue the struggle against the VFA. We will persevere in this. Nicole has won, and justice has been achieved for the entire nation. We as a people have shown that we are indeed sovereign. We want to thank Judge Pozon for his courage and belief in justice. In his decision, the people can gather hope again that indeed our justice system is the bearer of truth, which cannot be swayed by threats or any other political pressures. Thank you, Judge Pozon.

Nicole is a model of Filipino womanhood: courageous, unflinching in her principles, and one who should be emulated by all women who remain silenced in their pains. Justice can only be served once we all break out from the fears that envelop us. Violence against women cannot and will not be tolerated.

Nicole will move on, even how difficult it may be. Her victory must be made complete to the end until legal proceedings reach finality. TFSR will see to it that the justice she has claimed will not be taken away from her. Justice must be meted out not only to the convicted but even to those acquitted who were party to the crime. We collectively and individually will see to it that this victory remains a lesson and a guiding path for all women victims of sexual abuse.